Mary Ellis Case

Mary Ellis is protected under the Fourth Amendment from unreasonable searches and seizures. Police Officers are not authorized to enter her home without a search warrant, consent, or exigent circumstances. The Fourth Amendment provides the protection of privacy not only to the interior of her home but has extended to open areas immediately adjacent the (curtilage). The definition of the meaning “curtilage” is legally the area proximity or annexation to the home. its inclusion within the general enclosure surrounding the home, its use and purpose to her and of the family, and the process taken by the owner of her property to protect the area from entry or observation. The plain view doctrine has three requirements: The presence of the law …show more content…
These requirements in the search are generally considered reasonable when: a judge issues a search warrant based on probable cause; or certain situations occur that justify a search without a warrant (a search for weapons after an arrest, for example. Emergencies/Hot Pursuit Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue the pursuit, even if the suspect is in no way connected with the property owner. If for whatever reason a police officer has the probable cause for being in a home and a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant. Even with a reasonable expectation of privacy, the police can legally conduct a search without a warrant in situations in which certain exemptions apply. Police officers can legally search her home and seize evidence if it is clearly visible. If the police see an illegal act occurring outside of her home, they may perform a search and seize evidence from her home without a search warrant. Police officers do not need a warrant to perform a search in connection with an arrest. Police can also perform what is called a “protective sweep” following an arrest. This is done if the police believe a dangerous accomplice or accomplices may be hiding inside a specific location. If the police feel that the time it would take to get a warrant would jeopardize public safety or lead to the loss of evidence, they can perform a search without a